Oral Argument Schedule & Briefs

May 7 to 11, 2012

The following summaries are drawn from briefs and lower court judgments. They are meant to provide a general idea of facts and issues presented in cases, and should not be considered official court documents. Facts and issues presented in these summaries should be checked for accuracy against records and briefs, available from the Court, which provide more specific information.

Mr. Garcia, the Dade property appraiser, denied an application for a homestead
tax exemption sought by the Andonies. The Andonies are foreign nationals in the
United States on visas. They sought the tax exemption based on the U.S.
citizenship of their three minor children, who were all born in Miami and who all
live in the home with their parents. The Andonies challenged Mr. Garcia's
decision and a review board granted them the tax exemption. When Mr. Garcia
challenged that decision in court, both the trial court and the Third District Court
of Appeal ruled for the Andonies.

Miami-Dade County

Florida Supreme Court Oral Arguments

Tuesday, May 8, 2012

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Mr. Hernandez, a native Nicaraguan and lawful permanent resident of the U.S.,
pled guilty to a drug charge. The judge withheld adjudication of guilt and
sentenced him to probation. Mr. Hernandez later tried to have his plea vacated. He
argued his attorney had not advised him that a guilty plea would trigger mandatory
deportation. The trial court denied his motion. The Third District Court of Appeal
upheld that ruling but also asked this Court to decide about the applicability of a
2010 U.S. Supreme Court decision in a similar case out of Kentucky.

Mr. Diaz pled guilty to burglary and assault charges. He later appealed, arguing
he had never been advised that a guilty plea would trigger mandatory deportation.
The trial court rejected his appeal and the Third District Court of Appeal upheld
that ruling. The 3rd DCA also asked this Court to decide about the applicability
of a 2010 U.S. Supreme Court decision in a similar case out of Kentucky.

Ms. Castano pled guilty to child neglect when a child wandered away from her
home day care center. She was sentenced to one day in jail and three years of
probation. She later tried to have the judgment vacated, arguing her attorney had
not told her the guilty plea would trigger mandatory deportation. The trial court
denied the motion and the Fifth District Court of Appeal upheld that ruling. The
5th DCA also certified conflict with decisions by the Third District Court of
Appeal and asked this Court to decide about the applicability of a 2010 U.S.
Supreme Court decision in a similar case out of Kentucky.

Orange County

Florida Supreme Court Oral Arguments

Wednesday, May 9, 2012

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Mr. Merck was convicted of the first-degree murder of James Newton, who was
fatally stabbed in 1991. Mr. Merck was sentenced to death twice but both
sentences were overturned on appeal. In his third sentencing proceeding, the jury
voted 9-3 to recommend a death sentence. The trial court condemned him to death
a third time and this Court upheld the sentence on direct appeal. Mr. Merck filed
a postconviction challenge in the trial court. His motion was denied and this
appeal followed.

Mr. Shellito was convicted of the first-degree murder of Sean Hathorne, who was
fatally shot in 1994. The jury voted 11-1 to recommend a death sentence and the
trial court condemned Mr. Shellito to death. This Court upheld his death sentence
on direct appeal. Mr. Shellito filed a postconviction challenge in the trial court.
His motion was denied and this appeal followed.

Ms. Betts and others who got payday loans from McKenzie Check Advance filed
a class-action lawsuit against MCA alleging violations of Florida's consumer
protection laws. MCA argued that some of its clients had signed arbitration
contracts waiving the right to file class-actions. A trial judge ruled that the waivers
could not be enforced because the customers would not be able to afford lawyers
on an individual basis. The Fourth District Court of Appeal agreed. MCA argues
in this appeal that the U.S. Supreme Court has recently ruled that federal
arbitration law preempts state law.

Palm Beach County

Board of Trustees of the Internal Improvement Trust
Fund v. American Educational Enterprises

American Educational Enterprises bought a piece of state property from the
governor and Cabinet in their capacity as the Board of Trustees of the Internal
Improvement Trust Fund. American later sued the Board, alleging
misrepresentation among other things. The Board counter-sued. During pretrial
discovery, American objected to one of the Board's requests for financial
documents. The trial court approved the request; the Third District Court of
Appeal overturned that ruling; the Board appealed to this Court. Now the parties
contest whether the 3rd DCA relied upon the correct standard of review.

Miami-Dade County

Florida Supreme Court Oral Arguments

Thursday, May 10, 2012

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

After The Bank of New York Mellon began foreclosure proceeding on Mr. Pino's
home, Mr. Pino alleged the bank had filed fraudulent documents in that
proceeding. The bank voluntarily dismissed the foreclosure proceeding and filed
a new foreclosure case five months later. Mr. Pino asked the trial court to strike
the bank's voluntary dismissal of the first case, arguing such a move was not
permitted as a way to avoid fraud allegations. The trial court denied his motion.
The Fourth District Court of Appeal upheld that ruling. The 4th DCA also asked
this Court to rule on the trial court's power in such a situation.

Mr. McClain, a lawyer appointed to represent a death row inmate appealing his
sentence, sought payment from the state for his time and costs. The bill he
submitted for investigative services exceeded a limit provided in state law. Mr.
McClain sought to have the trial court approve the excess costs. The court denied
his motion, ruling that the circumstances were ordinary and consequently did not
warrant waiving the payment cap. Mr. McClain appealed that ruling to this Court.

The 11th U.S. Circuit Court of Appeals has asked this Court to rule on the scope
of Florida law as it relates to a dispute over a general liability insurance policy.
The issue arose after Intervest Construction and General Fidelity, its insurer,
agreed to settle a lawsuit brought by an injured homeowner for $1.6 million. An
insurer for a subcontractor paid $1 million and Intervest and General Fidelity each
paid $300,000. Intervest and its insurer then sued each other, seeking to recover
what they had paid into the settlement. The federal trial judge ruled for General
Fidelity. Intervest appealed to the 11th Circuit.

Duval County

Florida Supreme Court Oral Arguments

Friday, May 11, 2012

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.